We nurture, build & glow together!
We are delighted that you have chosen The Ten Academy through your learning journey. We are committed to transparency which includes providing these terms and conditions (the “Terms”) that apply to all of your activities by using our website through https://thetenacademy.com/ (the “Website”). These Terms are not negotiable. By using the Website and the Courses, you confirm that you have read, agree and are in compliance with the Terms (each as amended from time to time). If you do not agree on them, you must stop using the Website immediately. Please also read our privacy, cookie and refund policy (the “Policies”) alongside with the Terms.
1. REFERENCES
1.1 In these Terms, references to “we” or “us” are to The Ten Academy Limited, a company registered in England and Wales (Company No. 13436009) whose registered office is at Wildewood, Warren Wood Mews, Hatfield, England, AL9 6JG (“The Ten Academy”);
1.2 In these Terms, “you” or “your” are references to anyone who visited the Website (the “Users”);
1.3 In these Terms, “student” are references to people with autism who use our Website to enrol in the Courses that we make available through the Website (the “Student”);
1.4 In these Terms, “parent” and/or “carer” are references to the Student’s legal guardians (“Parent”);
1.5 In these Terms, references to “teachers” are references to the teachers who are employed by The Ten Academy and in charge of the preparation, provision and the evaluation of the Courses through the Website (the “Teacher”);
1.6 In these Terms, references to “therapists” are references to mental or physical health professionals who are third-party service providers of The Ten Academy(“Therapists”);
1.7 In these Terms, references to “courses” are references to a set of study plan tailored to each Student and make available through the Website by the Teachers(“Courses”);
1.8 In these Terms, references to “products” are references to equipment, parts, materials and other goods which listed on the Website and which can be purchased by the Parents through Parent Account only (“Products”).
2. REGISTRATION AND ACCOUNT
2.1 Use of the Website and access to it is for anyone. However, Users with autism and children under the age of 13 are not allowed create an Account before The Ten Academy obtains consent from their Parents.
2.2 Use of the Website and access to it is for anyone but in order to participate fully in Courses and purchase the Products on the Website, you must register for a personal account on the Website (the “Account”) by providing information on full name, gender, mobile number, email address, home address and a password.
2.3 By virtue of the nature of our services, Student’s may be required to enter additional information on physical and mental health that will help Teachers get to know you and help us to tailor the Courses to suit you. Said information may be the types and levels of autism, disability status, types of therapy, treatment or social care you may have received from other providers such as GPs, counsellors or hospitals as well as medications administered, the details of other clinicians involved in your case, background information relevant to the presenting problem such as family relationships. We may also ask you about Student’s educational history or qualifications in order to understand more about you.
2.4 By registering for an Account, you agree (in addition to the Article 3 below) that you:
1) are, and will continue to be, registered for the Website only once and will not set up multiple Accounts for same User;
2) will not let anyone else use your Account except your Parents;
3) will not share your password with anyone.
2.5 You undertake to us that all information provided by you in relation to your Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
2.6 Following your registration and subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and licence to access, internally use and display the Courses and purchase the Products.
3. CODE OF CONDUCT
3.1 Your use of and access to this Website and the Courses are subject to the following conditions, and you agree that failure to comply with any one of them will constitute a breach of these Terms. Those are as follows:
3.1.1 You agree to use the Website only for lawful purposes and your use of the Website is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us, the Teachers, other Users and/or third-parties in any way;
3.1.2 You agree that you have complete responsibility for your Account and everything that happens on your account, including for any harm or damage caused by someone using your account with or without your permission;
3.1.3 You agree not to use or access the Website for any commercial uses or for the benefit of any third party (i.e. you are not allowed to make money or attract advertising to another business by using our website);
3.1.4 You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.1.5 You agree not to use the Website in any manner intended to damage, disable, overburden or impair any The Ten Academy server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
3.1.6 You agree to use the Website and access the Website in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website and the Website;
3.1.7 You agree that you will never divulge or share your access information of your Account with any third party for any reason;
3.1.8 The Ten Academy grants Users a limited, non-exclusive, non-transferable license to access and view the Courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Website, in accordance with these Terms. You agree that you have no ownership rights over that content on the Website as it is owned The Ten Academy. Hence, you will not download, copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website for any other purpose other than as permitted by these Terms without our prior written consent;
3.1.9 You agree not to ask for, collect or harvest any personal data of any Student or Teacher;
3.1.10 You agree not to access or attempt to access any other Student’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present.
3.2 You acknowledge and agree that the form and nature of the Website, the Courses and the Products may change from time to time without prior notice to you.
3.3 You acknowledge and agree that we may stop (permanently or temporarily) making the Website available and providing the Courses and the Products to you for whatever reason, at our sole discretion, with prior notice to you.
3.4 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
3.5 We will, acting in our sole discretion, terminate Accounts and access to the Website and the Website if an Account has been notified of infringing activity twice or more (regardless of whether the owner of that Account has taken appropriate action as we may direct).
3.6 We may terminate or suspend your permission to use the Website or ban your Account at any time, with or without notice, for any or no reason, including for any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the Website and use of the Website.
4. PURCHASE OF SERVICES
4.1 The Ten Academy offers the Courses on a monthly or an annual subscription model. We may offer a number of memberships models which may have different conditions and limitations. You can find specific details regarding the types of memberships on the Website.
4.2 Unless otherwise stated, all payments are quoted in the currency listed on the Course page. The prices of the Courses on the Website are determined based on different factors. The final price applicable to the Course will be the price at the time you complete your purchase of the Course (at checkout). You are responsible for paying all payments/fees charged by or for The Ten Academy and applicable taxes in order to have an access to the Course.
4.3 When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails, we reserve the right to disable access to any Course for which we have not received adequate payment.
4.4 Once you subscribe for any of the Courses, your membership will continue until terminated. Until you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your payment method.
4.5 We may change our subscription plans as well as the price of our Courses from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following the date we notify you.
4.6 You can cancel your subscription at any time, and you will continue to have access to the Courses you purchased through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unattended Courses. To cancel, go to your profile page and follow the instructions for cancellation.
5. PURCHASE OF PRODUCTS
5.1 Purchase of the Products can only be completed by the Parents. Students can add the Prodcuts on line
5.2 When you purchase a Product, we will send it to you according to the delivery option you choose before you complete your purchase on the Website. If for any reason, there is a problem in processing the order then we will notify you via email or telephone of the circumstances of why it could not be fulfilled.
5.3 You are entitled to cancel your Product purchase at any time within fourteen (14) working days, beginning on the day after you received the Product. You have this right under the Consumer Contracts Regulations June 2014 and you will receive a full refund of the price paid for the Products. Please see our Refund Policy on the circumstances as to how and when you can cancel your order.
5.4 The Ten Academy reserves the right cancel Product orders at its discretion. If we cancel an order, it will not be charged to you.
5.5 If your order hasn't arrived, or arrives incomplete, you must report it to us within 48 hours. Please contact our Customer Services team via email to info@thetenacademy.com and have your order number to hand.
5.6 If your order arrives and the goods are damaged, please follow our Refund Policy. If you still have questions, you can email us at info@thetenacademy.com.
6. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS
6.1 Except any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.
6.2 It is our policy that any content included on the Website or within the Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we become or are made aware of such infringement or potential infringement.
6.3 You should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing us. We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
6.4 We are the owner or the licensee of all intellectual property rights in all aspects of the Website including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “IPR”). IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved.
6.5 You agree that the IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the IPR other than the right to use it in accordance with the Terms.
7. PRIVACY
By using the Website, you agree that we can collect, use, and share your personal data in accordance with our privacy policy. For detailed information regarding the personal data that we collect from you and how we use it, please check out our separate privacy policy.
8. INDEMNITY
8.1 All the actions you make and information you share on the Website remain your responsibility. Therefore, you agree to indemnify us if a claim is made against The Ten Academy due to your actions. You agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
1) any negligent acts, omissions or wilful misconduct by you;
2) your access to and use of the Website;
3) any breach of the Terms by you; and/or
4) your violation of any law or of any rights of any third party.
8.2 Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
8.3 This paragraph survives the expiry of these Terms.
9. DISCLAIMERS
9.1 The Website is provided to you "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.
9.2 We provide the Website in good faith but give no warranty or representation that the Website is accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
9.3 We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
1) any loss of profit (directly or indirectly);
2) any loss of goodwill; and
3) any loss of opportunity.
9.4 Information transmitted via Website will be provided over public internet/telecommunications networks. We make no representation or warranty that the operation of the Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
9.5 We accept no responsibility for any loss or damage incurred by you as a result of:
1) any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser whose advertising appears on the Website;
2) any changes which we may make to the Website, the Courses, the Products.
3) any instructions, comments and services provided by our Teacher and Therapists.
9.6 You hereby waive any and all claims arising out of your use of the Website because some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, The Ten Academy’s total liability to you in respect of losses arising under or in connection with the Terms, whether in contract, tort (including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed £100.
10. GOVERNING LAW AND JURISDICTION
10.1 These Terms, our Policies and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
10.2 For any dispute between you and us, you agree that you first attempt to resolve the dispute with us. If we are unable to resolve the dispute in this manner within 30 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
11. ADDITIONAL TERMS
11.1 Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.
11.2 The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
1) we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
2) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
11.3 We may update or amend these Terms (as well as our Policies) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the updates and amendments.
11.4 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
11.5 We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
11.6 These Terms and the Policies set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
12. CONTACT US
If you would like any further information, or you would like to exercise any of your data protection rights, you may contact us using the details below:
The Ten Academy Limited
Wildewood, Warren Wood Mews, Hatfield, England, AL9 6JG
United Kingdom
info@thetenacademy.com
These Terms and Conditions were last updated on January 30, 2022